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Can a driver be held liable for damage to a private fence installed within the street right of way?

Question Details: Also, can the property owner be held liable for damage to the car? The setting is a residential neighborhood with a 50' street right of way and a 22' road surface. Resident installed a fence 3' from the edge of the pavement, parallel to the street. The fence is approximately 20' inside the boundary between the ROW and the property owner's property line. A car ran off the pavement and damaged the fence as the car went through it; there was also damage to the car. A police report was made and no citations were issued.

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